• How to file defamation case

Hi Experts,
1. Can I file a defamation case in the name of our Private Limited Company, I being the Managing Director? 
2. If so, in which court will I have to file this? Can I file this in High Court directly or have to file from the lower courts only?
3. The person against whom I want to file defamation case has complained against me in writing with false statements to the Public Officials like Principal Secretary, the District Collector, the RDO, the MRO (Tahsildar), the Director of MInes and Geology, the SP, the Pollution Control Board, etc., stating that we are doing illegal mining activities. We do have all permissions and work orders issued by the Mines and Geology Department of the Govt. of Telangana.

Please suggest me if I can proceed with this.
Asked 7 years ago in Criminal Law
Religion: Hindu

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10 Answers

Dear Concerned,

Yes you may choose to either file criminal defamation or you may choose to file civil defamation.

Criminal defamation is punishable and has to be filed to the concerned magistrate under section 200 of Crpc.

Civil defamation is to be file at the civil judge where you want him to pay you a cost for the alleged defamation.

Best of luck

Atulay Nehra
Advocate, Noida
1311 Answers
58 Consultations

1. The director on behalf of the company can file defamation case.

2.However such defamation would be civil in nature and can be filed in local civil court.

3. If that is sothen involvement of nay company is no where and hence you can file such suit in your individual capacity and it can be of both civil and criminal nature.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

complaint of criminal defamation has to be filed in magistrate court under section 500 of IPC , company cna file the case through its MD

2)company can also file civil suit for damages .

3) jurisdiction would depend upon damages claimed by you

4) for instance in Maharashtra claim over Rs one crore has to be filed in HC only

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

1. The company is a juristic person, which has to sue through a natural person i.e Managing Director. So the answer to your first question is in affirmative.

2. If a civil suit for damages due to defamation is to be filed then it has to be filed in the court of civil judge, whereas a criminal case for the offence of defamation has to be filed in the court of jurisdictional magistrate. The liability for defamation has two facets-civil and criminal.

3. If a personal allegation is being leveled against you then you have to sue in your individual capacity, the company cannot sue unless the allegations are made against it.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

Hii, whoever by words , signs or visible representations , makes any imputation concerning a person in order to harm his image or to cause undue loss to him , commits a offence of DEFAMATION .. It is a criminal offence punishsble under 499 IPC with improsinment upto 2 years and fine .......2) you can lodge a police FIR regarding it or can file a complaint directly in court ..the jurisdiction will be of the district court of your work place

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

Yes you can file a case on behalf of the MD.

Two ways 1) you can file a civil suit- this will be filed in the lower court and not in the high court. 2) Criminal- FIR can be filed in the Police Station.

That will be a good case for defamation since the wrong fact has been published before the public at large and not just before one person.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

You can file a defamation case either as a MD of your company or can authorise your manager any person holding a responsible post in your company to file the case on behalf of your company against the individual who has defamed the name and reputation of your company by lodging false complaints to the authorities concerned.

What was the action taken by the concerned authorities in response to the complaint made, if there is any case pending in this regard then you may have to wait for the disposal of the same to prove that the complaint is false and malicious.

.You can file the complaint within your territorial jurisdiction having pecuniary limits to the extent of your claim for damages.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

defemation is a crime as well as civil wrong. you have to decide whether you wish to initiate criminal or civil proceeding. both cases can run concurrently. cases will be filed before the district court. if damages claimed is more than 25 lakh then it shall be filed before the civil judge senior division otherwise before junior division.

criminal proceeding shall be initiated by filing complaint before the magistrate of first class.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

high court has no extra ordinary jurisdiction to hear defamation case as original court. it is appellate court. so you cannot file defamation case directly before the high court.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Sir,

Would like to understand, whether you would like to file personal defamation suit or company defamation suit?

If you think he forged the documents to make complaint against you then file criminal police complaint on him.

Defamation case can be filed in lower court.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

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